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______________ : ______ JUDICIAL DISTRICT COURT VS : PARISH OF ______ , LOUISIANA ______________ : DOCKET NO. ______ _______________________ ___________________________________________ ANSWER AND RECONVENTIONAL DEMAND NOW INTO COURT, through her undersigned counsel, comes ______________ , made defendant herein, who, for answer to the petition of ______________ , plaintiff herein, says that: l. The allegations of fact contained in Paragraph l of plaintiff's petition are admitted. 2. The allegations of fact contained in Paragraph 2 of plaintiff's petition are admitted. 3. The allegations of fact contained in Paragraph 3 of plaintiff's petition are admitted. 4. The allegations contained in Paragraph 4 of plaintiff's pet ition are denied. 5. The allegations of fact contained in Paragraph 5 of plaintiff's petition are admitted. 6. The allegations of fact contained in Paragraph 6 of plaintiff's petition are denied. 7. The allegations of fact contained in Paragraph 7 of plaintiff's petition require no answer, but to the extent that an answer may be deemed necessary, the same are admitted. 8. The allegations of fact contained in Paragraph 8 of plaintiff's petition are de nied. 9. The allegations of fact contained in Paragraph 9 of plaintiff's petition are denied. RECONVENTIONAL DEMAND AND NOW assuming the position of plaintiff in reconvention, ______________ avers that: l0. The defendant in reconvention, ______________ , is a resident of and domiciled in ______ Parish , Louisiana. ll. Plaintiff in reconvention and her husband were married on ______ ___ , ____ , in ______________ , ______ Parish, Louisiana. Thereafter the matrimonial domicile was establ ished in ______ Parish. l2. Plaintiff in reconvention and defendant in reconvention separated on and have lived separate and apart since ______ ___ , ____ , without reconciliation. l3. Under the provisions of LSA -C.C. Art. l02, Plaintiff in reconvention is now entitled to a judgment of divorce from her husband, after the period set out in Louisiana Civil Code Arti cle l02. l4. Of this marriage, one (l) child was born, namely, ______________ , born ______ ___ , ____ , and said child has been and presently is in the physical care, custody and control of your plaintiff in reconvention, and it would be in the best interest of said minor child to be placed in the joint custody of her parents thereafter in accord with the joint custody implementation plan attached her eto and made a part hereof. l5. The defendant in reconvention is gainfully employed, earning a sufficient income and has adequate means to provide, and your plaintiff in reconvention needs a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA -C.C. Art. lll and LSA R.S. 9:3l5 et seq., respectively, plus medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child , to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court. l6. Some community property, both movable and immovable, was acquired during the existence of this marriage and pla intiff in reconvention desires that the parties be recognized as the owners of an undivided one -half (l/2) interest each in and to said community property, reserving unto them the right to seek a judicial or extra -judicial partition thereof at any time in the future. l7. Since irreparable injury, loss or damage may otherwise result, to protect plaintiff's in reconvention interest in the community property, it is necessary that both a preliminary injunction and an injunction be issued herein, enjoining defe ndant in reconvention from disposing of, alienating, or encumbering any of the community property, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties. Unless restrained from doing so, the defendant in reconvention will dispose of, alienate, or encumber some or all of the community property and will borrow against the cash surrender values and/or change of the ownership an d/or beneficiaries of the policies of life insurance insuring the lives of the parties hereto before notice can be served and a hearing had on the application for a preliminary injunction, resulting in immediate and irreparable injury, loss or damage to p laintiff in reconvention. Hence, it is necessary that a temporary restraining order be issued immediately, in the form and substance of the preliminary in junction and the injunction mentioned above. l8. Plaintiff in reconvention further shows that defend ant in reconvention has physically and mentally abused her and she is in fear that the defendant in reconvention may harass or physically or sexually abuse her and she, therefore, desires that an injunction issue herein, without bond prohibiting the defend ant in reconvention from harassing or physically or sexually abusing her. l9. Due to plaintiff's in reconvention necessitous circumstances and inconveniences and turmoil which would result from a change of residence, plaintiff in reconvention is entitled to and desires to be granted the sole use and occupancy of the former family re sidence situated at ______________ , including all improvements and contents thereof, pending th e further orders of this Court, without the responsibility for the payment of rental therefor. 20. Plaintiff in reconvention further shows that she was free from fault in the causing of the breakup of this marriage and is, therefore, entitled to permanent alimony in an amount to be determined by this Honorable Court, all in accord with LSA - C.C. Art. ll2. 2l. The defendant in reconvention was not free from fault in the causing of the break up of this marriage. WHEREFORE, plaintiff in reconvention prays th at: l. The defendant in reconvention be served with a copy of this Answer and Reconventional Demand; 2. There be judgment on the original petition in favor of the defendant and against the plaintiff, dismissing his demands at his costs; 3. A temporary rest raining order issue herein, according to law, directed to the defendant in reconvention and restraining, enjoining and prohibiting him, his agents, employees, and all other persons, firms, or corporations acting or claiming to act in his behalf, from dispo sing of, alienating, or encumbering any of the property owned by the community of acquets and gains existing between plaintiff in reconvention and defendant in reconvention, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties, all without bond, and further from withdrawing, converting, or disposing of the community funds on deposit in any bank or trust company in the name o f defendant in reconvention. 4. The defendant in reconvention be ordered to show cause on a date and at an hour to be fixed by this Court why a preliminary injunction in the form and substance of the temporary restraining order prayed for above, should not issue, and that, on hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering this proof; 5. A temporary restrainin g order issue herein, according to law, directed to the defendant in reconvention, and prohibiting him from harassing or physically, or sexually abusing plaintiff in reconvention; 6. The defendant in reconvention be ordered to show cause, on a date and at an hour to be fixed by this Court, why the parties should not be granted the joint custody of their minor child, ______________ , in accord with the Joint Custody Implementation Plan attached hereto and made a part hereof. 7. The defendant in reconvention be ordered to show cause, on a date and at an hour to be fixed by this Court, why, during the p endency of this proceeding, he should not be condemned to pay unto plaintiff in reconvention a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA -C.C.Art. lll and LSA R.S. 9:3l5 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court, and; 8. The defendant in reconvention be ordered to show cause, on a date and at an hour to be fixed by this Court, why plaintiff in reconvention should not be granted the sole u se and occupancy of the family residence situated at ______________ , including all improvements and contents thereof, pending the further orders of this Court, without the responsibility for the payment of rental therefor; 9. After all legal delays h ave elapsed, judgment be rendered herein in favor of plaintiff in reconvention, ______________ , and against the defendant in reconvention, ______________ , perpetuating the preliminary injunc tions, decreeing a divorce "a vinculo matrimonii" in accord with LSA -C.C. Art. l02 dissolving forever the bonds of matrimony and the community of acquets and gains existing between them, recognizing the parties to be the owners of an undivided one -half (l/ 2) interest each in and to said community property, reserving unto them the right to seek a judicial or extra -judicial partition thereof at any time in the future; finding plaintiff in reconvention, ______________ , to be free from fault in the causing of the break up of this marriage and, therefore entitled to permanent alimony; finding the defenda nt in reconvention, ______________ , not free from fault in the causing of the break up of the m arriage; granting unto the parties the joint custody of the minor child born of this marriage, namely, ______________ , in accord with the Joint Custody Implementation Plan attached hereto and made a part hereof; ordering and condemning the defendant in reconvention to pay unto plaintiff in reconvention a reasonabl e amount of permanent alimony and child support to be determined by this Honorable Court in accord with LSA - C.C. Art. ll2 and LSA -R.S. 9:3l5 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff and the aforesaid minor child, to commence from the date of the Judgment of Divorce herein and to continue thereafter until the further orders of this Honorable Court, awarding unto plaintiff in reconvention, ___ ___________ , the sole use and occupancy of the family residence, including all improvements and contents thereof, situated at ______________ , pending the further orders of this Court, without the responsibility for the payment of rental therefor; and ordering and condemning the defendant in reconvention, ______________ , to pay all costs of these proceedings. BY COUNSEL, __________________________________ ______________ Attorney at Law ______________ ______ , LA ______ (___ )______ La. Bar Roll No. ______ STATE OF LOUISIANA PARISH OF ______ BEFORE ME, the undersigned authority, personally came and appeared: ______________ , who, after being duly sworn, deposed and said that: She is the defendant and plaintiff in reconvention in the foregoing Answer and Reconventional Demand, she has read the same and all of the allegations of fact contained therein are true to the best of her knowledge, information and belief. Defendant in reconvention is neither in the military service of the United States of America nor in that of any of its allies. ___________________________________ ______________ SWORN TO AND SUBSCRIBED before me on this _____ day of ______ 20 ___ . __________________________________ NOTARY PUBLIC ______________ : ______ JUDICIAL DISTRICT COURT VS : PARISH OF ______ , L OUISIANA ______________ : DOCKET NO. ______ __________________________________________________________________ JOINT CUSTODY IMPLEMENTATION PLAN The Court approves and shall incorporate into judgment the following plan of joint custody for ______________ . A. Physical Custody The legal domicile shall be at the residence of the mother, ______________ , who is designated t he domiciliary parent. A C C O R D I N G L Y: l. The minor child shall reside with her father, ______________ , at reasonable times and under reasonable circumstances to be mutually agreed upon by the parties. 2. At all other times the child shall reside with her mother, ______________ . The parents are to communicate at least one time per month. Communication shall include all factors affecting the welfare of the child. Cost of long dista nce communication shall be borne by the party initiating the same. Each parent is to maintain sufficient flexibility to allow for variations made necessary by the ebb and flow of social, educational and recreational life. Each parent shall transfer to the other, sufficient wardrobe for the child considering the season. Once the child is enrolled in school, all information regarding school, report cards, conferences, trips, functions, meetings, etc. will be furnished to the other parent as either one of them receives such information. All medical and other information regarding the child's health and welfare will be furnished to the other parent as either parent receives the same. The above types of information must be exchanged by the parents and discussed accordingly. The parents shall not communicate through the child, or third parties, or use the child because they refuse to communicate. Each parent must not ignore the authority or input of the other by the failure to communicate or use the child to inf orm each other of decisions on important matters. B. Remarriage Upon remarriage, either party may seek a modification as provided in Paragraph F below. C. Child Support ______________ shall pay unto ___ ___________ a reasonable amount of child support to be determined by this Honorable Court in accord with LSA R.S. 9:3l5 et seq., plus all uncovered medica l, dental, drug and optical expenses incurred or to be incurred on behalf of the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court. D. Education The child shall be placed in school(s) selected by the domiciliary parent. E. Transportation Each parent is responsible for transportation of the child while in residence. F. Plan Modification Each party may seek judicial modification of this plan. However , modification, including as provided in Paragraph B above, and, excepting child support, shall not be granted unless both parties have first consulted with recognized family counseling service for assistance in arriving at a joint modification. The parti es shall furnish to the court any modified plan by joint motion. The joint modification shall be effective after court approval. G. Conflicts Conflicts under the terms of this plan, excepting child support, must be submitted first to a recognized family c ounseling service for resolution before application may be made to the Court. The Court reserves the right to refuse to hear any motion to resolve a conflict. H. Communication by the Child The child shall have complete, fu ll and free access to communicate with each parent. No communication shall be intercepted, censored, or monitored. I. Tutorship The parents shall enjoy the natural co -tutorship of the child in accordance with Articles 250 and 258 of the Louisiana Civil Co de, except as limited herein. J. Property of the Child The parents shall have administration of the property of the child provided by Article 4262 of the Louisiana Code of Civil Procedure. ______________ : ______ JUDICIAL DISTRICT COURT VS : PARISH OF ______ , LOUISIANA ______________ : DOCKET NO. ______ ____________________ ______________________________________________ O R D E R It appearing from the verified petition in this case that immediate and irreparable injury, loss or damage may result to plaintiff in reconvention by virtue of the threatened disposal, alienation an d encumbering by the defendant in reconvention of the property belonging to the community of acquets and gains existing between plaintiff in reconvention and defendant in reconvention before notice can be served and hearing had on plaintiff's in reconventi on application for a preliminary injunction. IT IS ORDERED that a temporary restraining order issue herein, without bond, directed to ______________ , restraining, enjoining and prohibiting him, his agents, employees, and all other persons, firms or corporations acting or claiming to act in his behalf, or in concert with him, from disposing of, alien ating, or encumbering any of the community property belonging to the community of acquets and gains existing between ______________ and ______________ and held in the name of ______________ , including borrowing against th e cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties; and further from withdrawing, converting, or disposing of any of the community funds on deposit i n any bank or trust company in the name of ______________ . This temporary restraining order s hall remain in full force and effect until the hearing on the rule for preliminary injunction scheduled below. IT IS FURTHER ORDERED that ______________ show cause on the ______ day of _____________, 20 ___ , at ___: 00 ___ .M., why a preliminary injunction, in the form and substance of the temporary restraining order above, should not issue, to be effective during the pendency of this proceeding. On the hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering the proof. IT IS FURTHER ORDERED that a temporary restraining order issue herein, without bond, directed to ______________ , prohibiting him from harassing or physically or sexually abusing your plaintiff in reconventi on. IT IS FURTHER ORDERED that ______________ show cause on the _____ day of ____________, 20 ___ , at ____: ___ o’clock ___ .M., why a preliminary injunction, in the form and substance of the temporary restraining order above, should not issue, to be effective during the pendency of this pro ceedings. On the hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering the proof. IT IS FURTHER ORDERED that ______________ show cause on the ____ day of ___________, 20 ___ , at ___:___ o’clock ___ .M., why: l. The parties should not be granted the joint custody of the minor child, namely, ______________ , in accord with the Joint Custody Implementation Plan attached hereto and made a part hereof; 2. Defendant in reconvention should not be ordered and condemned to pay unto plaintiff in reconvention, ______________ , a reasonable amount of alimony pendente li te and child support to be determined by this Honorable Court in accord with LSA - C.C. Art. lll and LSA R.S. 9:3l5 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behal f of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court; and; 3. Plaintiff in reconvention should not be granted the sole use and occupancy of the former family residence situated at ______________ , including all improvements and contents thereof, pending the further orders of this Court, without the responsibility for the payment of rental therefor. THIS ORDER signed in ______________ , ______ Parish, Louisiana, t his ____ day of ______________, 20 __ _, at ____ :____ o’clock _____.M. _________________________________ ___ J U D G E PLEASE SERVE THE DEFENDANT IN RECONVENTION through his attorney of record: ______________ ______________ ______ , LA ______